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Joint account for I864. Do I include under my asset or the intending immigrant's asset?

Bellevue, WA |

I am filing form I864 for my spouse's adjustment of status. Since my annual income doesn't meet the 125% above the poverty level requirements, I need to use the balance in our joint checking account to cover this. Since this is a joint account , do I use it as my asset or spouse's asset? My spouse works but is temporary in nature, so I wouldn't be able to prove that he will continue the same employment after AOS, so instead wanted to use the cash asset. Any suggestions are greatly appreciated.

Thanks for taking your time to reply. What I am confused here is whether to include the cash asset from the bank under my (sponser's asset) or my spouse (intended immigrant)'s asset since it is a joint account of me and my spouse.

Attorney Answers 4

  1. Best answer

    I agree with Mr. Behar except that he is not correct about how much assets are needed in your case. Since you are sponsoring a spouse, its less. Here is what the U.S. State Department says about using assets to overcome a shortage of income --

    What Cash Value of Assets is Needed?

    The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size

    Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.

    This is general advice, and does not constitute an attorney client relationship.

  2. I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law. Workers' compensation law applies to on-the-job injuries. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

  3. You can use joint assets if you lived together in the same household for at least 6 months together.

    If you are going to use cash assets to qualify, those must be worth at least 5 times the dollar amount required to qualify.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. I agree with Mr. Behar.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.